Berris Law recently acted for a client facing extradition to Italy pursuant to a conviction warrant. Through swift intervention, meticulous preparation, and robust advocacy before Westminster Magistrates’ Court, we secured bail on strict yet workable conditions. This represented a highly favourable outcome in circumstances where the requesting state, Italy, strongly opposed release.
Case Background
The client was subject to an Italian extradition warrant arising from historic allegations said to have occurred several years earlier. These matters resulted in an aggregated custodial sentence imposed in Italy in the client’s absence, with legal representation reportedly appointed by the Italian authorities.
The client had been lawfully resident in the United Kingdom for many years, with a long and stable employment history and no previous UK convictions. He had well-established ties to this jurisdiction and cooperated fully with the authorities once he became aware of the existence of the warrant.
Significant Medical and Welfare Concerns
A central feature of the case was the client’s serious and complex medical condition. At the time of the court hearing, he was wheelchair bound, suffering from multiple chronic health conditions, and reliant on daily care and assistance from a close family member. Medical evidence confirmed that he had been largely housebound for a prolonged period and was awaiting further hospital treatment.
These factors were highly relevant not only to the issue of bail but also to the future conduct of the extradition proceedings, including potential arguments under the Extradition Act 2003 and the European Convention on Human Rights.
Legal Issues Identified
At the initial hearing, Berris Law’s legal team identified and formally raised a number of substantive legal issues, including:
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- Whether the warrant contained sufficient information to satisfy the statutory requirements
- The client’s right to respect for private and family life under Article 8 ECHR, given his long-term residence and dependency relationships in the UK
- Serious medical concerns engaging section 25 of the Extradition Act 2003
- Potential Article 3 issues relating to prison conditions and the requesting state’s ability to provide appropriate medical care.
The court accepted that these were properly arguable matters and gave directions for a full extradition hearing, including the service of further evidence and responses from the requesting judicial authority.
Bail Application and Outcome
Although the case involved a conviction warrant, where bail is ordinarily difficult to obtain, Berris Law advanced a carefully structured and nuanced bail application. We emphasised the client’s full cooperation with UK police, the absence of any flight risk, his serious ill health, and his strong and enduring ties to the United Kingdom.
Despite opposition from the prosecution, the court accepted our submissions and granted bail subject to conditions. These included a residence requirement, curfew, monitoring conditions, and a modest security deposit to be lodged following release. Securing bail in these circumstances was a significant achievement and ensured that the client could continue to receive essential medical care and family support in the community while the extradition proceedings continue.
Our Expertise in Extradition Matters
This case demonstrates Berris Law’s expertise in extradition proceedings, particularly complex cases involving conviction warrants, human rights arguments, and serious medical issues. Early specialist advice, detailed preparation, and confident advocacy can be decisive in achieving positive outcomes.
If you or someone you know is facing extradition proceedings, our experienced team can provide expert representation from the outset, including urgent advice on arrest, bail, and overall defence strategy.
